HomeMy WebLinkAboutExhibitAMENDMENT TO CONCESION AGREEMENT
ORANGE BOWL STADIUM
THIS AMENDMENT, made this day of , 2006, to the
Concession Agreement for the Orange Bowl Stadium dated August 16, 2003 ("Concession
Agreement"), is hereby made and entered into by and between the City of Miami, a municipal
corporation of the State of Florida (hereinafter referred to as "CITY") and Boston Culinary
Group, Inc., a Wisconsin for -profit corporation (hereinafter referred to as "Concessionaire").
RECITAL
WHEREAS, pursuant to the issuance of a Request for Proposals ("RFP") for the
operation of food, beverages and related services and other authorized concessions at the Miami
Orange Bowl, a concession agreement was executed with Concessionaire on August 16, 2003;
and
WHEREAS, due to ongoing capital renovations and hurricane repairs at the Orange
Bowl, the City has been limited on the number of events that it could schedule thus impacting the
gross revenues of Concessionaire; and
WHEREAS, for the aforesaid reason, Concessionaire is now requesting a reduction for a
one year period of the percentage fee on alcoholic beverages while maintaining the minimum
guarantee requirement; and
WHEREAS, the parties agree to hereinafter amend the Concession Agreement as
hereinafter provided;
NOW, THEREFORE, in consideration of the premises and the further; consideration
hereinafter set forth, it is agreed as follows:
1. Paragraph IV entitled "Consideration/Letter of Credit", subparagraph (b) is
hereby amended to add the following paragraph after the schedule of percentage rates to be paid:
Notwithstanding the above, the percentage fee for alcoholic beverages for
the period of August 16, 2006 through August 15, 2007 shall be as follows:
Gross Receipts Applicable %
$1 - $2,600,000 44%
Above $2,600,000 50%
2. Paragraph XVIII entitled "City's Termination Rights" is hereby amended to read
as follows:
The City shall have the right to terminate this Agreement for convenience,
or, in the event of a default, as described in Section XVII above, or, if (a) the
Stadium is sold; (b) events held at the Stadium are significantly reduced, (c) the
City decides to terminate or suspend the operations of the Stadium, or like events,
by giving written notice to Concessionaire at least ninety (90) days prior to the
effective day of such termination.
Except as herein above amended, the term of the Concession Agreement,
as amended, shall remain in operative force and effect.
IN WITNESS WHREOF, the parties hereto have individually and through their
proper and duly authorized corporate officials executed this Addendum to the Concession
Agreement the day and year written above.
ATTEST: "CITY" CITY OF MIAMI, a municipal
corporation
Priscilla Thompson, City Clerk Joe Arriola, City Manager
"CONCESSIONAIRE" Boston
ATTEST: Culinary Group, Inc.
By:
Print Name: Print Name:
Title: Title:
(affix Corporate Seal)
Approved as to Form and Correctness Approved as to Insurance Requirements
Jorge L. Fernandez, City Attorney LeeAnn Brehm
Risk Management Administrator